The Justice Department (DOJ) opposes TikTok’s request to delay a potential ban as the app seeks Supreme Court intervention regarding a national security law enacted in April.
The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), signed into law by President Joe Biden, gave TikTok 270 days to sever ties with its Chinese parent company, ByteDance, or cease operations in the U.S. ByteDance, based in China and subject to its laws, stated in court filings that Beijing would block the sale of TikTok, effectively turning the law into a “ban.”
The DOJ contends the 270-day period allows TikTok sufficient time to find a buyer and address legal challenges, arguing there’s no justification to halt the countdown while TikTok petitions the Supreme Court.
The law itself does not explicitly ban TikTok. Instead, beginning January 19, 2025, U.S. entities will be barred from offering services to TikTok. However, existing users won’t be prohibited from continuing to use the app. The president can also grant a one-time 90-day extension to this deadline.
In a court filing dated December 11, the DOJ emphasized TikTok’s option to request the Supreme Court to block the law temporarily while under review. However, the DOJ maintains that TikTok cannot demand an injunction against a Congressional act when its constitutional challenge has already been rejected in court.
TikTok announced plans to appeal to the Supreme Court after a federal appeals court upheld PAFACA last week. On December 9, TikTok requested an emergency injunction to delay the deadline beyond January 19, 2025, suggesting the additional time could allow a new administration to reverse the law. TikTok also argued that an injunction would prevent the app, which has over 170 million U.S. monthly users, from being shut down right before a presidential inauguration.
TikTok claimed that PAFACA violates the First Amendment rights of its users, but a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia rejected this argument, finding no violation. The DOJ countered that the law targets foreign ownership rather than app content. If TikTok were sold to an American company, the content could remain unaffected.
TikTok argued that the 270-day deadline implies Congress did not see the threat as “imminent” and that a delay would not cause harm. The DOJ disagreed, noting that TikTok’s arguments have been rejected by Congress, the executive branch, and the federal appeals court.
The DOJ further highlighted the national security risks of TikTok’s continued Chinese ownership, citing laws in China that compel companies to assist intelligence agencies and provide data upon request in secret.